No One Knows why there is a Bullet Hole?

Question

These last few days of a contract are driving me crazy.  After finding out about subletting, a thrashed back yard, domestic violence, broken doors, smashed windows, smoking, melted vinyl on the new kitchen floor, a leaking toilet, a destroyed lawn and on and on.... I finally received a thirty day notice that tenant would be leaving.

Some of these things I have known about and have been dealing with,  a few of the others have just come to light this week, thanks to an angry ex-wife.

I have done almost daily inspections, filed comply of vacate letters, sent text after text, and I'm just hoping for a smooth transition without having to evict.

During the summer, I received a call that a bird had flown into the window and it broke.  That was just after the ex-wife left him.  The story didn't seem to add up, but we dealt with the window.  On my way to inspect this week, I received a call from his ex asking if I knew the real reason the window broke.  She then shared with me how he shot through the window and waited around to see if the cops would show up.  They didn't. He patched the hole in the blinds with some white vinyl.  I checked it out and found it during the inspection.  I asked him about it later and he still said he didn't know anything about it.  I have had nothing but lies the past twenty days.

I'm trying to be patient for just 10 more days, however the 30 day notice is good until Oct. 15th or so.  I hope he doesn't want to go into October.  I did receive a reference call from another landlord and I just couldn't give him a referral.  Is that my bad?  He was rejected and now remains in my home.

Those that he was subletting to were asked to leave and yet they still remain.  It seems like I don't have any other option than to ride it out for ten more days.

Any like stories? What did you do?  Daily inspections at 6:00 am?  No deposit back for subletting, gun shot, yard repair, smoking in the unit?

Mike Dymski · Answer

I would have evicted him already.  Real estate is supposed to make life better.

Shaun Hunt · Answer

I gave a 3 days to vacate today. The reasons were because of non reparable contract violations.

I’ve never received such a quick response. He couldn’t believe I would do that to him.

I told him I don’t plan to file if he can be out within eight days howeve, I had to give him the papers to start the legal process.

Matt Shields · Answer

Visitors are not occupants. This should be clear in your lease.

Did you give the police the name and number of the person who told you how the window was shot out? Is this a really high crime area where the police just collect the bodies?

Many states have laws that allow immediate evections if the tenant is causing excessive damage.

I think an hour of time with a real estate attorney would be money well spent.

Ray Harrell · Answer

DUM DUM!!! Whenever you get a referral call for a current bad tenant, you pump them up as great tenants! No, that's dishonest. All experienced landlords should know to call the PREVIOUS landlord to the current one to get the REAL story. As you found, a rejected application because of your bad referral means you are stuck with the tenant.

Eventually though they will only be able to rent to folks who don't screen, and those are usually the worst places who don't care about bullet holes and pests and rodents and code violations.

Don't ever stop your eviction process until they are out of the property and you have keys in hand and have assessed all the damages. Even then you might still want to pursue it to at least get a judgement on their record. Otherwise they will keep floating around destroying other folks' property.

Matt Shields · Answer

Your municipality probably has laws against the negligent discharge of a firearm and/or a tenant that poses a danger to the neighborhood. Here in Phoenix, negligent discharge of a firearm within city limits is a felony. Ariz. Rev. Stat. Ann. § 33-1368 allows for the immediate termination of a lease for the negligent discharge of a firearm on a property.

Speak with an attorney asap. Firing a gun through a window could have injured or killed someone, and leaving him in place is a huge liability. Did you report this incident to the police? Anyone who fires a weapon out of anger should not own a firearm.

Shaun Hunt · Answer

I did call the police, two days ago, when I found out about why the window was broken this past summer.  I wanted to see if they had a call for that particular address.  The only thing the police said was that there was a domestic disturbance call in 2017 and that was all.  I let them know that a bullet had been fired.  They asked a few more questions, because there was a drive by shooting at another house one street away from this home.  They didn't seem too interested in checking out the bullet hole in the blinds.  Maybe I should push it a little more.

From what I understand, I can't be the crazy landlord and just hang out until the dude leaves.

How do I enforce no subletting to ruffians?  Can he just say they are guests?  The lease allows for visitors.

No One Knows why there is a Bullet Hole?

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